Author Archives: Deborah Elkins

June 29, 2017Comments Off on No Jurisdiction from Virginians’ Credit Reports

A Richmond U.S. District Court dismisses plaintiffs’ two class claims under the Fair Credit Reporting Act alleging defendant “sham business” obtained millions of computer reports on plaintiff consumers, without their permission, to target them for high-interest loans; plaintiffs have standing ...

June 29, 2017Comments Off on Court Vacates Six Life Sentences for Juvenile

A Norfolk U.S. District Court grants a habeas petition for a defendant sentenced to six consecutive death-in-prison sentences plus 118 years, for non-homicide offenses (multiple abductions, robberies and firearms offenses) committed when he was 15 years old; a partial pardon ...

June 29, 2017Comments Off on Bias Suit Dismissed for Discovery Failures

An Alexandria U.S. District Court accepts a magistrate judge’s recommendation to dismiss plaintiff’s race and disability bias lawsuit under Fed. R. Civ. P. 37, due to plaintiff’s repeated failures to respond to discovery requests and appear at court hearings; the ...

June 29, 2017Comments Off on Trial Ordered in County Official Facebook Suit

In a county resident’s suit alleging defendant chair of the county board of supervisors violated plaintiff’s First Amendment rights by removing his comments from her board chair Facebook page, an Alexandria U.S. District Court says plaintiff can try his claim ...

June 29, 2017Comments Off on No ‘Mutual Mistake’ in Settlement Agreement

In plaintiff home buyers’ action to enforce a Settlement Agreement for a sum of money to settle their contract action against defendant home builder, an Alexandria U.S. District Court refuses the buyers’ request to reform the Agreement to allow them ...

June 29, 2017Comments Off on ‘Overqualified’ Defense Defeats Age Bias Claim

A Lynchburg U.S. District Court awards summary judgment to defendant housing authority that did not rehire a 52-year-old mechanic with 20 years’ experience for a downgraded position because he was overqualified, would cost too much and would not be happy ...

A Danville U.S. District Court grants relief under 28 U.S.C. § 2255 to a petitioner whose sentence on a firearm conviction was enhanced under the Armed Career Criminal Act’s residual clause for prior North Carolina convictions of common law robbery, ...

A Harrisonburg U.S. District Court Magistrate Judge recommends dismissal of a 69-year-old African-American male substitute teacher’s suit alleging race and age bias in defendant school system’s removal of him from the substitute list based on his alleged failure to follow ...

A customer who alleges defendant Wal-Mart knew, during roofing work at the store, of three separate instances of material falling from the ceiling and striking customers, but took no action to protect customers prior to plaintiff being struck by a ...

A Roanoke U.S. District Court that granted summary judgment to defendant Kroger in a female management trainee’s suit alleging a male store manager hugged female employees and commented on their clothing, make-up and general appearance, awards defendants costs of $5,396.56, ...